Judge Threatens To Throw Out Abba Kyari’s Fundamental Rights Suit

A Federal High Court in Abuja yesterday threatened to strike out a fundamental enforcement rights suit filed by suspended Deputy Commissioner of Police (DCP) Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).

Justice Inyang Ekwo gave the warning following the delay by Kyari’s lawyer, Cynthia Ikena, to serve NDLEA counsel, Joseph Sunday, her further and better affidavit, after being served with the counter-affidavit since February 28.

At the resumed hearing, Sunday, a Director of Prosecution and Legal Services at the agency, informed that Ikena only served on him the further and better affidavit yesterday.

“The matter was adjourned for the hearing of fundamental enforcement rights of the applicant (Kyari).

“This morning (Tuesday), we were served with applicant’s further and better affidavit.

“We filed our counter-affidavit since February 24 and served the applicant on February 28. But today, they are just serving us,” he said.

The lawyer argued that by virtue of Order 2 of Fundamental Enforcement Rights Civil Procedure Rules, 2019, the applicant was out of time to file the application.

Ikena, who complained that she had tried to meet with Kyari in NDLEA’s detention about three times but was denied access, prayed the court for more time to regularise the application.

Justice Ekwo, in a short ruling, threatened to strike out the suit, if the lawyer was unprepared by next adjourned date.

“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.

The judge adjourned the matter until April 7 for hearing.